David W. Engstrom

David has successfully represented clients in a wide-variety of business litigation for over 20 years. He is also an accomplished advisor to clients on business law matters, including commercial agreements, corporate compliance, internal investigations and risk management. David was selected for inclusion in Pennsylvania Super Lawyers for the years 2010 through 2017. Only five percent of the lawyers in Pennsylvania were selected for this honor.

His business litigation experience includes representing clients in partnership, investment management, product development, construction, and other commercial disputes. David has also counseled clients in cases involving antitrust claims, including unfair competition conspiracies, price fixing, market allocation, exclusive dealing and monopolization. In addition, he has defended clients in federal securities fraud class action lawsuits. He has also represented professionals, including lawyers, investment managers, officers and directors, in litigation involving standard of care and fiduciary duty claims. David’s litigation experience also includes employment disputes involving confidentiality and non-competition agreements, as well as wrongful termination and discrimination claims.

With regard to commercial transactions, David has negotiated and drafted product distribution, professional services, software licensing, SaaS, stock redemption, asset purchase, employment, and confidentiality agreements. He has counseled clients on corporate compliance issues, including codes of conduct and anti-bribery and export control policies. In addition, he has advised clients on antitrust compliance, employment matters, liability mitigation, risk management, as well as counseled corporate boards on investigations of alleged corporate wrongdoing and corporate governance issues.

David is active in the international business community. He has assisted start-up and established businesses in Europe with entering the U.S. market. David currently serves as the President of the Swedish-American Chamber of Commerce - Philadelphia.

He earned his Juris Doctor degree from Cornell Law School in 1995 and his Bachelor’s Degree from the University of Pennsylvania in 1992. Upon graduating from law school, David clerked for the Honorable Janis Graham Jack, U.S. District Court for the Southern District of Texas. Prior to starting his own law firm, David practiced law with a well-known business litigation boutique firm and a mid-sized firm in Philadelphia.

David is admitted to practice in the Commonwealth of Pennsylvania, and the following federal courts: United States District Court for the Eastern District of Pennsylvania, United States District Court for the Western District of Pennsylvania, United States Court of Appeals for the Third Circuit and United States Court of Appeals for the Federal Circuit.

Representative Experience

Successfully resolved an unfair competition dispute for a technology company.

Achieved dismissal of federal securities fraud claims against brought against a former officer of a publicly traded company.

Successfully resolved a dispute involving alleged violations of a non-disclosure agreement for a technology company.

Successfully represented an investment management company in a dispute with a former officer and shareholder alleging employment and contract claims.

Achieved a favorable settlement for a financial management company in a lawsuit alleging contract, fraud, and fiduciary duty claims.

Represented a life sciences company in federal class action securities fraud litigation.

Obtained a directed verdict for a private equity company in connection with a tortious interference with merger agreement dispute.

Achieved a favorable jury verdict in a professional malpractice case.

Represented a manufacturing company in a contract dispute involving development of a product.

Defended officers and directors of corporations in a variety of actions alleging fraud, fiduciary duty and standard of care claims.

Third Circuit Decision Provides Guidance Regarding When Consumer Surveys May Be Disregarded By Courts In False Advertising Cases, Communiqué, August 2011.

U.S. Supreme Court: Proof of Loss Causation Is Not Required to Obtain Class Certification of a Securities Fraud Case, Communiqué, June 2011.

Recent Supreme Court and Second Circuit Cases Impact Corporate Defendants' Choices for Seeking Early Dismissal of Federal Securities Fraud Cases Based on the Two-Year Statute of Limitations, Communiqué, May 2011.

Co-Author, USCIS’ New I-129 Form Requires All U.S. Employers To Certify Export Licensing Compliance And Enforcement, The Philadelphia Business Law Insider, April 2011.